I had posted this at https://www.lawyersclubindia.com/experts/Is-Strict-Scrutiny-followed-in-Judicial-Review-of-Laws-by-Courts-in-India--169056.asp Probably it did not get attention, hence posting it here.
I would like to know the views of members about the following:
1) Like in USA is Strict Scrutiny standard followed in Judicial Review of Laws/Policies by Courts in India? If not what standard is followed in Judicial Review by Indian courts?
2) If Strict Scrutiny is not followed by Indian courts, can a lawyer request the court to follow the principle of strict scrutiny for Judicial Review in his case, like case involves Fundamental Rights under Part III of Constitution?
In Strict Scrutiny the government has the burden of proving that its challenged law/policy is Constitutional. To withstand strict scrutiny, the government must show that its law/policy is necessary to achieve a compelling state interest. If this is proved, the state must then demonstrate that the legislation is narrowly tailored to achieve the intended result.
